State v. Creel

Andrews, Judge.

Creel was charged by accusation with misdemeanor shoplifting. He moved the trial court to enter an order of nolle prosequi on the accusation on the basis that he had a severe heart condition, and that the stress of a trial would be life threatening. The trial court denied the motion for nolle prosequi but ordered that the case be placed on the dead docket over the State’s objection. The State appeals from the trial court’s order placing the case on the dead docket.

The State contends that placing the case on the court’s dead docket was an abuse of the trial court’s discretion,…